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Appeal is demanding a second judgement by a higher Court in the same matter. Any aggrieved party to judgement can move the appropriate appellate forum against the said judgement for a reverse or modified order. Sections 96 to 111A and Orders 41 to 45 of the Code of Civil Procedure(hereinafter referred as CPC)deals with different forms and stages of Appeals.
Review is dealt with under Section 114 and Order 47 of the CPC. Any party aggrieved by an order or judgement may apply for reviewing the said order or judgement to the same court. It can be filed where no appeal is preferred or in case there is no provision for appeal.
The main distinction between the two are as follows:
Categories
Appeal
Review
Nature of Right
Appeal is a statutory right.
Review is a discretionary right of Court
Forum
Appeal is preferred to a higher Court
Review is filed in the same Court.
Reliefs
The grounds are wider.
The grounds are limited.
Conversion
Appeal can be converted into Revision.
Review cannot be converted as such.
Grounds
Law and facts can be pleaded.
Irregularity or illegality can only be pleaded.
Number of filings
Second appeal can be filed in certain cases.
There is no second review.See(Order 48 Rule 9)
Filing Person
Appeal can be filed between parties of suit.
Review can be entertained on application or suo moto by Court

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  1. if review fails, can there be scope for first na dsecond appeal.

    ReplyDelete
  2. You may submit first appeal. However, second appeal is not allowed nowadays.

    ReplyDelete

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